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If you have your parenting plan included in your order under the Divorce Act, it will be legally binding. If a parenting plan is submitted to the court, the court must include the plan in the parenting order or the contact order, as the case may be.
In sole custody arrangements, the children live with one parent. The other parent may or may not have rights of access and rights of decision making. When the other parent has rights of decision making, this is called joint legal custody.
Most experts recommend that co-parents with toddlers use the 2-2-3 schedule. This schedule minimizes the time a toddler spends apart from either co-parent. In addition, this consistency provides the stability young children need and allows them to form meaningful relationships with both parents.
Close to 80 percent of children under the age of 12 were placed in their mothers' custody in cases where a court order existed. Almost 7 percent were placed in their fathers' custody, and for 13 percent of children, a shared custody arrangement was established.
Under the current laws, the court may grant custody to either parent, depending on the child's best interests. In cases where the child is of a tender age, custody is generally granted to the mother. However, as the child grows older, the court may consider the child's preference in deciding custody.